Uttarakhand HC's Order Against Transfer Of IFS Officer's Case In CAT From U'khand To Delhi Stayed By Supreme Court

The Supreme Court on Monday stayed the October 2021 order of the Uttarakhand High Court wherein it had set aside an order passed by the principal bench of the Central Administrative Tribunal (CAT) allowing the Centre's plea to transfer a petition of an IFS officer, Sanjiv Chaturvedi, from the regional bench in (Nainital) to its principal bench (Delhi).

The Bench of Justice M. R. Shah and Justice B. V. Nagarathna stayed the order of the High Court after Solicitor General Tushar Mehta vehemently submitted that as the decision of the Chairman, Principal Bench, Central Administrative Tribunal, New Delhi was under challenge, the Uttarakhand High Court would have no territorial jurisdiction and only the Delhi High Court would have the jurisdiction.

It was also submitted that the aforesaid was one of the grounds raised before the High Court. However, the High Court has not properly dealt with and/or appreciated the same.

Lastly, it was submitted by SG Mehta that even otherwise on merits also, the order passed by the Chairman, Principal Bench transferring the case from Nainital Bench to the Principal Bench in the exercise of powers under Section 25 of the Administrative Tribunals Act, 1985 ought not to have been interfered with by the High Court.

Against this backdrop, issuing the notice to IFS Officer, the Court posted the matter for further hearing on April 4, 2022, and stayed the order of the High Court. 

Background 

Essentially, in October 2021, the Uttarakhand High Court had set aside an order passed by the principal bench of the Central Administrative Tribunal (CAT) allowing the Centre's plea to transfer a petition of an IFS officer, Sanjiv Chaturvedi, from the regional bench in (Nainital) to its principal bench (Delhi).

The Bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma observed that the 'legally unsustainable order' of the CAT tends to create an impression that somehow the Principal Bench is the superior Bench to other Benches of the C.A.T., which are functioning throughout the country.

Read more about the Uttarakhand HC's order here: 'Legally Unsustainable': CAT Order Transfering IFS Officer's Case From U'khand To Delhi Set Aside By Uttarakhand High Court

Sanjiv Chaturvedi, who is a 2002-batch IFS officer — and is currently posted as chief conservator of forests (CCF) in Haldwani, had filed an original application in CAT Nainital bench last year challenging the scheme formulated by the Centre of hiring private professionals for the rank of joint-secretary on a contractual basis (lateral entry).

Case title - Union of India v. Sanjiv Chaturvedi and others

Click Here To Read/Download Order